IC 35-37-6-1 "Confidential communication" defined
Sec. 1. (a) As used in this chapter, "confidential communication"
means any information:
(1) exchanged between a victim and a victim advocate in the
course of the relationship between the victim and the victim
advocate;
(2) exchanged or disclosed in a support group in which a victim
is or was a participant; or
(3) exchanged in the presence of a third person who facilitates
or facilitated communication between a victim and a victim
advocate.
(b) The term includes communication that is verbal or written and
includes:
(1) advice;
(2) notes;
(3) reports;
(4) statistical data;
(5) memoranda;
(6) working papers;
(7) records; and
(8) personally identifying information;
produced in the course of advocating for a victim.As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008,
SEC.7.

IC 35-37-6-1.5 "Confidential information" defined
Sec. 1.5. (a) As used in this chapter, "confidential information"
includes:
(1) personally identifying information;
(2) descriptions of physical appearance;
(3) the case file; and
(4) the case history;
of a person who seeks, receives, or has received services from a
victim advocate.
(b) The term does not include:
(1) information disclosed to a victim service provider or a
victim advocate if the victim:
(A) files criminal charges;
(B) institutes a civil lawsuit; or
(C) reports allegations of criminal conduct to a law
enforcement agency;
against the victim service provider or victim advocate; and
(2) alleged child abuse or neglect that is required to be reported
under IC 31-33.

IC 35-37-6-9 Confidential communications; compelling testimony; records;
temporary emergency shelters
Sec. 9. (a) The following persons or entities may not be compelled
to give testimony, to produce records, or to disclose any information
concerning confidential communications and confidential
information to anyone or in any judicial, legislative, or administrative
proceeding:
(1) A victim.
(2) A victim advocate or victim service provider unless the
victim specifically consents to the disclosure in a written
authorization that contains the date the consent expires.
(b) A victim advocate, victim service provider, or victim may not
be compelled to provide testimony in any judicial, legislative, or
administrative proceeding that would identify the name, address,
location, or telephone number of any facility that provided temporary
emergency shelter to the victim of the offense or transaction that is
the subject of the proceeding unless the facility is a party to the
proceeding.
(c) A victim service provider or victim advocate may not require
a victim to consent to the disclosure of information concerning
confidential communications and confidential information as a
condition of the victim receiving services.
(d) This section does not prohibit a victim from providing
testimony concerning an offense.
(e) The consent to disclose information on behalf of:
(1) a child who is less than eighteen (18) years of age and is
unemancipated; or
(2) an incapacitated victim;
may be made by a custodial parent, custodian, guardian, or guardian
ad litem in a written authorization that contains the date the consent
expires.
(f) A consent under subsection (e) may not be given by a custodial
parent, custodian, guardian, or guardian ad litem of the victim if the
custodial parent, custodian, guardian, or guardian ad litem:
(1) committed; or
(2) is alleged to have committed;
an offense against the victim.As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008,
SEC.14.

IC 35-37-6-10 Waiver by victim of protections of chapter
Sec. 10. (a) A victim does not waive the protections afforded by
this chapter by testifying in court about an offense. However, if the
victim partially discloses the contents of a confidential
communication in the course of testifying, either party may request
the court to rule that justice requires the protections of this chapter
to be waived, to the extent they apply to that portion of the
communication.

(b) A waiver under this section applies only to the extent
necessary to require any witness to respond to questions concerning
the confidential communication that are relevant to the facts and
circumstances of the case.As added by P.L.136-1987, SEC.5.

IC 35-37-6-11 Waiver by victim advocate of protection of chapter; disclosure of
confidential information
Sec. 11. A victim advocate may not waive the protections
afforded to a victim under this chapter. However, if:
(1) a victim brings suit against a victim advocate or victim
service provider in which the victim advocate was employed or
served as a volunteer at the time of the counseling relationship;
and
(2) the suit alleges malpractice during the relationship;
the victim advocate may testify or produce records regarding
confidential communications with the victim and is not liable for
doing so.As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008,
SEC.15.

IC 35-37-6-13 Authorization of release of confidential information
Sec. 13. (a) Except as provided in subsection (d):
(1) a victim; or
(2) in the case of a deceased victim, the victim's personal
representative;
may authorize a victim advocate or victim service provider to release
confidential information or other information by signing a written
authorization that specifies what information will be released and to
whom the information will be released.
(b) The authorization described in subsection (a) must include a
date the authorization expires.
(c) A victim advocate shall make reasonable attempts to notify a
victim when a victim service provider or victim advocate is required
to disclose confidential information or confidential communications.
(d) A consent for release may not be given by a personal
representative of the victim if the personal representative:
(1) abused or killed the victim;
(2) is alleged to have abused or killed the victim; or
(3) assisted another person in abusing or killing the victim.As added by P.L.104-2008, SEC.16.

(2) prohibit impeachment of a victim as permitted by the
Indiana Rules of Evidence.
(b) A victim does not waive any privileges or confidentiality
protections under this chapter if the victim:
(1) testifies about underlying acts of domestic violence, dating
violence, sexual assault, or stalking; or
(2) reveals that he or she used or attempted to use the services
of a victim service provider or victim advocate.As added by P.L.104-2008, SEC.17.

IC 35-37-6-15 Partial disclosure
Sec. 15. The partial disclosure of a confidential communication
under this chapter does not waive any privilege concerning the
remainder of the confidential communication.As added by P.L.104-2008, SEC.18.

IC 35-37-6-16 Refusal to testify
Sec. 16. The fact that a victim or victim advocate refuses to testify
or disclose information because of a privilege under this chapter does
not raise any negative inferences or presumptions.As added by P.L.104-2008, SEC.19.

IC 35-37-6-17 Disclosure of information in aggregate form
Sec. 17. A victim service provider may disclose information in the
aggregate that does not identify a victim regarding services and
demographic information to comply with federal or state data
collection requirements.As added by P.L.104-2008, SEC.20.